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CHAPTER IX.

OF POLICE COURTS.

SECTION 121. Organization, etc., provided for in Political Code.

tion, etc.,

121. Police Courts are established in incorporated Organizacities and towns, and their organization, jurisdiction, and powers provided for in THE POLITICAL CODE, Part

provided

for in Polit

ical Code.

IV.

CHAPTER X.

GENERAL PROVISIONS RESPECTING COURTS OF JUSTICE.

ARTICLE I. PUBLICITY OF THEIR PROCEEDINGS.

II. INCIDENTAL POWERS AND DUTIES OF COURTS.

III. JUDICIAL DAYS.

IV. PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD
A COURT.

V. PARTICULAR PROVISIONS RESPECTING THE PLACES OF
HOLDING THE COURTS OF JUSTICE.

VI. SEALS OF THE COURTS OF JUSTICE.

ARTICLE I.

PUBLICITY OF THE PROCEEDINGS OF THE COURTS OF JUSTICE.

SECTION 124. Sittings public.

125. Limitation on preceding section.

public.

124. The sittings of every Court of justice are Sittings public, except as provided in the next section.

on preced

125. In an action for divorce the Court may direct Limitation the trial of any issue of fact joined therein to be pri- ing section. vate, and may exclude all persons, except the officers of the Court, the parties, their witnesses, and counsel.

Powers of Court respecting the conduct of judicial proceedings.

Courts of record may

ARTICLE II.

INCIDENTAL POWERS AND DUTIES OF COURTS.

SECTION 128. Powers of Court respecting the conduct of judicial pro

ceedings.

129. Courts of record may make rules.

130. When rules take effect.

128. Every Court has power:

1. To preserve and enforce order in its immediate presence;

2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

3. To provide for the orderly conduct of proceedings before it or its officers;

4. To compel obedience to its judgments, orders, and process, and to the orders of a Judge out of Court in an action or proceeding pending therein;

5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this Code;

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; 8. To amend and control its process and orders, so as to make them conformable to law and justice.

129. Every Court of record may make rules, not make rules inconsistent with the laws of this State, for its own government and the government of its officers; but such rules must neither impose a tax or charge upon any legal proceeding nor give an allowance to any officer for services..

.take effect.

130. The rules adopted by the Supreme Court When rules take effect sixty days, and those adopted by other Courts, thirty days, after their publication.

ARTICLE III.

JUDICIAL DAYS.

SECTION 133. Days on which Courts, etc., may be held. 134. Days on which Courts shall not be opened.

135. Court appointed, etc., for those days, deemed for next

day.

133. The Courts of justice may be held, and judicial business may be transacted, on any day except as provided in the next section.

Days on
Courts,

which

etc. may be held.

Days on
Courts shall

which

not be

134. No Court can be opened, nor can any judicial business be transacted, on Sunday, on the first day of January, on the fourth of July, on Christmas or opened. Thanksgiving day, or on a day on which the general or the judicial election is held, except for the following

purposes:

1. To give, upon their request, instructions to a jury when deliberating on their verdict;

2. To receive a verdict or discharge a jury;

3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal

nature.

135. If any of the days mentioned in the last section happen to be the day appointed for the holding of a Court, or to which it is adjourned, it is deemed appointed for or adjourned to the next day.

Court

appointed,

etc., for deemed for

those days,

next day.

ARTICLE IV.

PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD A COURT.

SECTION 139. Adjournment of Court for absence of Judge.

140. Same.

Adjournment of Court for absence of Judge.

Same.

139. If no Judge attend on the day appointed for holding the Court, or on the day to which it may have been adjourned, before noon, the Sheriff or Clerk must adjourn the Court until the next day at ten o'clock; and if no Judge attend on that day, before noon, the Sheriff or Clerk must adjourn the Court until the following day, and so on, from day to day, for one week.

140. If no Judge attend for one week, the Sheriff or Clerk must adjourn the Court for the term, unless the Judge, by written order, directs it to be adjourned to some day certain, fixed in such order; in which case, they must so adjourn it.

Judge may, in certain

cases,

change place of holding Court.

Parties to

appear at place appointed.

ARTICLE V.

PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE
COURTS OF JUSTICE.

SECTION 142. Judge may, in certain cases, change place of holding
Court.

143. Parties to appear at place appointed.

144. Rooms, etc., when Judge may order.

142. A Judge authorized to hold or preside at a Court appointed to be held in a county, city, or town, may, by an order filed with the County Clerk, and published as he may prescribe, direct that the Court be held or continued at any other place in the city, town, or county than that appointed, when war, insurrection, pestilence, or other public calamity, or the dangers thereof, or the destruction of the building appointed for holding the Court, may render it necessary; and may, in the same manner, revoke the order, and, in his discretion, appoint another place in the same city, town, or county, for holding the Court.

143. When the Court is held at a place appointed, as provided in the last section, every person held to appear at the Court must appear at the place so appointed.

etc., when

Judge

may order.

144. If suitable rooms for holding the District Rooms, Courts, County Courts, and Probate Courts, and the chambers of the Judges of such Courts, be not provided in any county by the Supervisors thereof, together with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business, the Courts may direct the Sheriff of such county to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof are a charge against such county.

ARTICLE VI.

SEALS OF THE COURTS OF JUSTICE.

SECTION 147. What Courts have seals.

148. Present seals to continue.

149. Seals for Courts not now provided with.

150. Private seal to be used, when.

151. Seals, by whom kept.

152. To what proceedings to be affixed.

147. Each of the following Courts has a seal:

1. The Supreme Court;

What Courts have seals.

2. The District Courts;

3. The County Courts;

4. The Probate Courts;

5. The Municipal Criminal Court of the City and County of San Francisco;

6. The Police Court of the City and County of San Francisco.

seals to

148. The seal now used by the Supreme Court Present shall be the seal of that Court; and where seals have continue. been provided for the District, County and Probate Courts, Municipal Criminal and the Police Court of the City and County of San Francisco, such seals shall continue to be used as the seals of those Courts.

149. The several District, County, and Probate Courts, for which separate seals have not been heretofore provided, shall direct their respective Clerks to

Seals for

Courts not

now pro

vided with.

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